Man convicted of lewd acts

An Upper Salford man, despite his denials, has been convicted of charges he exposed himself to another man in Schwenksville and to police in New Hanover during separate incidents in 2016.

Gary Thomas Heller, 58, of the 1300 block of Clemmers Mill Road, was convicted in Montgomery County Court of charges of indecent exposure, disorderly conduct, open lewdness, public drunkenness, and defiant trespass in connection with two incidents that occurred between September and October 2016.

Judge Garrett D. Page rendered the verdicts after hearing testimony at a non-jury trial. The judge deferred sentencing so that court officials can complete a background investigative report about Heller, including drug, alcohol and mental health evaluations. Heller remains in the county

jail without bail pending sentencing.

With the charges, Assistant District Attorney Lauren Alessi alleged Heller exposed his genitals to a man who was replacing signage at a property in the first block of Main Street in Schwenksville about 11:50 a.m. Sept. 13, 2016. The victim told police Heller approached him and stated, “Sometimes you need it,” while exposing his genitals through a hole in the front of his pants, according to a criminal complaint filed by

state police Trooper Loretta Miree.

The victim said he told Heller to leave the area and then called police.

“It’s clear that this was a lewd act. He exposed his genitals in a public place,” Alessi argued to the judge.

But Heller stepped into the witness box and characterized the incident as a misunderstanding, claiming he had a hole in the crotch of his pants and approached the victim to ask him for a pair of pants.

“I never did flash him,” Heller maintained.

“He didn’t purposely expose himself to anyone. It was an accident,” defense lawyer Pietro D’Angelo argued,

seeking an acquittal on behalf of Heller.

During the second incident, New Hanover police responded to the Swamp Pike Pub in the 2500 block of Swamp Pike for a report of an intoxicated man causing a disturbance about 6:48 p.m. Oct. 26, 2016. Upon arrival police found Heller lying in the parking lot, presumably passed out.

When Heller awoke he became hostile, yelled obscenities at police, and refused to leave the property, New Hanover Police Officer Colin Lawlor testified. Heller threatened to urinate on officers, unzipped his pants and exposed his genitals, Lawlor testified.

“Heller did this while in full view of officers as well as restaurant patrons located on an outdoor patio,” Lawlor wrote in court papers.

Heller testified he felt “oppressed.”

“I believe I was falsely accused,” Heller testified.

D’Angelo argued Heller was extremely intoxicated and could not have known that his conduct would offend others. Alessi argued intoxication was not a valid defense to the charges.

The judge said he ordered the drug and alcohol evaluations for a reason.

“I want to find out what’s ticking. This is repetitive action,” Page said.